In order to successfully litigate a motor vehicle accident tort claim, it is not enough to prove that the “at fault” driver collided with your vehicle, or did something negligent on the road that resulted in an accident. It is also necessary to prove that the negligence of the other driver caused your injuries and subsequent medical problems – causation. Causation This is the concept of causation, which is fraught with complexities given that most accident victims are not 21-year-old athletes that have never had an injury or illness in their lifetime....

LTD Benefits: Arbitration Or Court Redux The recent Ontario Superior Court decision in Campos v. Sun Life, 2009 CanLII 43186 raises once again the complex issue of whether disputes regarding long-term disability benefits belong in the Courts or before an Arbitrator. The case involves a proposed class action for nurse members of the Ontario Nurses’ Association, and whether or not retirement benefits under the Canada Pension Plan can be deducted under the long-term disability plan that applied to ONA members entitled to lifetime LTD benefits (a very rare commodity in...